Japón

Información por país

Japón

1. International Family Mediation

Family mediation, in Japan, is legally recognised, commonly implemented and encouraged by the State. In divorce case, conciliation (in-court mediation) is mandatory before the case can be heard by the Family Court. According to the Act on Promotion of Use of Alternative Dispute Resolution (2004), mediation is provided by administrative organs and private institutions.

In disputes regarding international child abduction, international family mediation may be provided by Alternative Dispute Resolution (ADR) Institutions commissioned by the Ministry of Foreign Affairs as the Central Authority of Japan or offered by private professionals. If the decision of assistance has been provided by the Japanese Central Authority, the parties do not have to pay application and/or award fees for a certain number of sessions.

Tokyo Family Court and Osaka Family Court also handle conciliation (mediation) for disputes regarding international child abduction (websites in Japanese). No fee is required if return application under the Hague Convention is filed.

2. International Legal Framework

1) Japan is a Party to the 1980 Hague Convention.

The 1980 Hague Convention: a multilateral treaty which provides procedural guidelines on the return of children and their protection in cases of international parental child abduction.

The 1996 Hague Convention: a multilateral treaty which determines jurisdiction, applicable law, co-operation in respect of parental responsibility and access rights, as well as civil and public measures for the protection or care of children.

International Social Service Japan (ISSJ) is a non-profit organisation that helps individuals, children and families confronted with cross-border social welfare issues. ISSJ provides psycho-social support and counselling to families in cases related to inter-country adoption, searching of origins, family reunification, marriage, divorce and separation, child abduction, contact and access rights. You can contact them directly here.

Japan Federation of Bar Associations (JFBA) provides the lawyer referral service for return of a child or access to a child to people who need the assistance of a lawyer in court proceedings or alternative dispute resolution (ADR) proceedings. The lawyer referral service is free of charge (legal fees are charged separately).

The Japan Legal Support Center (JLSC) was established as the central organisation providing legal assistance to Japanese citizens and foreign nationals who are residents in Japan for ordinary cases. For the 1980 Hague Convention cases, foreign residents may also get the assistance. Civil Legal Aid is provided to people having financial difficulties.

Home-Start Japan is a non-profit organisation providing home-visiting and practical assistance to young families experiencing difficulties. Its volunteers offer free-of-charge and confidential support to parents. You can find their office in your region here (page in Japanese).

4. Child Welfare Services

The Equal Employment, Children and Families Bureau of the Ministry of Health, Labour and Welfare promotes the development of an environment that helps ensure the healthy development of children, and that people can raise their children with a sense of security through community childcare support, child abuse prevention measures, and enhancement of social childcare. You can contact the Ministry here:
1-2-2 Kasumigaseki Chiyoda-ku
100-8916 Tokyo, Japan
Telephone: 03-5253-1111
Email: www-admin(at)mhlw.go.jp

Under the aegis of the Headquarters for Promotion of Child Abuse Prevention within the Ministry of Health, Labour and Welfare, Child guidance centers at local governments accept any type of consultation relevant to a child aged under 18, from anyone including the child, family, school teachers and local residents. Child welfare officer, child psychotherapist and medical doctor are in charge of specialized counselling and other services.

Japan Network for Prevention of Child Abuse and Neglect based on the Orange Ribbon initiative, citizen movement calling for the elimination of child abuse, provides counselling as well as National child emergency hotline (website in Japanese). You can contact directly the Network at info(at)orangeribbon.jp.

To provide easy access for victims of a crime seeking advice or inquiries on the case, the Victim Support Hotline has been set up in all District Public Prosecutors Offices throughout Japan (please see the last page).

ChildLine is a telephone helpline providing under 18 years old with anonymous free-of-charge psychological counselling services in Japanese. Please call at (+81) 0120-99-7777 (website in Japanese).

Foreign Resident Information Centers operates toll-free Nationwide Telephone Counselling Line for Foreign Nationals, Tokyo Office is reachable at the following: (+81) 0120-567-115. Please contact the line if you have any questions about immigration procedures, status of residence examination or other related questions. The service is provided daily and in different languages by experienced counsellors.